Connecticut 2021 2021 Regular Session

Connecticut Senate Bill SB01071 Introduced / Bill

Filed 03/17/2021

                        
 
 
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General Assembly  Raised Bill No. 1071  
January Session, 2021 
LCO No. 4971 
 
 
Referred to Committee on GOVERNMENT ADMINISTRATION 
AND ELECTIONS  
 
 
Introduced by:  
(GAE)  
 
 
 
 
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE 
AUDITORS OF PUBLIC ACCOUNTS. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Subsection (g) of section 2-90 of the general statutes is 1 
repealed and the following is substituted in lieu thereof (Effective October 2 
1, 2021): 3 
(g) Each state agency shall keep its accounts in such form and by such 4 
methods as to exhibit the facts required by said auditors and, the 5 
provisions of any other general statute notwithstanding, shall make all 6 
records and accounts available to them or their agents, upon demand. 7 
Notwithstanding any provision of the general statutes, no state agency 8 
may deny the auditors access to their records or accounts. 9 
Sec. 2. (NEW) (Effective October 1, 2021) As used in this section, 10 
"contract", "state agency", "data" and "contractor" have the same 11 
meanings as provided in section 4e-1 of the general statutes. Any 12 
contract between a state contracting agency and a contractor that is 13 
entered into, renewed or amended on or after October 1, 2021, shall 14  Raised Bill No.  1071 
 
 
 
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contain a provision authorizing the state contracting agency to access 15 
any data concerning such agency that is in the possession or control of 16 
the contractor upon demand in a format prescribed by the agency at no 17 
additional cost to the agency. 18 
Sec. 3. Subsection (c) of section 2-90 of the general statutes is repealed 19 
and the following is substituted in lieu thereof (Effective October 1, 2021): 20 
(c) Said auditors shall audit, on a biennial basis if deemed most 21 
economical and efficient, or as frequently as they deem necessary, the 22 
books and accounts, records of operations and activities, systems and 23 
data of each officer, department, commission, board and court of the 24 
state government, all institutions supported by the state and all public 25 
and quasi-public bodies, politic and corporate, created by public or 26 
special act of the General Assembly and not required to be audited or 27 
subject to reporting requirements, under the provisions of chapter 111. 28 
Each such audit may include an examination of any relevant 29 
information concerning the department, commission, board or court of 30 
state government being audited that is in the possession or control of a 31 
private entity that has a contract with such department, commission, 32 
board or court, and such information shall be provided upon demand 33 
in a format prescribed by the auditors at no cost to the auditors or the 34 
department, commission, board or court. Each such audit may include 35 
an examination of performance in order to determine effectiveness in 36 
achieving expressed legislative purposes. The auditors shall report their 37 
findings and recommendations to the Governor, the State Comptroller 38 
and the joint standing committee of the General Assembly having 39 
cognizance of matters relating to appropriations and the budgets of state 40 
agencies.  41 
Sec. 4. (NEW) (Effective October 1, 2021) On and after October 1, 2021, 42 
any state agency proposing to enter into or amend a contract for the 43 
purchase of auditing services shall (1) notify the Auditors of Public 44 
Accounts of such contract at least fifteen days prior to entering into or 45 
amending such contract, and (2) not enter into or amend such contract 46 
until the Auditors of Public Accounts have advised the agency whether 47  Raised Bill No.  1071 
 
 
 
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the auditing services could be provided by said auditors. As used in this 48 
section, "state agency" has the same meaning as provided in section 4-49 
37e of the general statutes and "contract" does not include any personal 50 
service agreement subject to section 4-215 or 4-216 of the general 51 
statutes. 52 
Sec. 5. Subsection (a) of section 10-91g of the general statutes is 53 
repealed and the following is substituted in lieu thereof (Effective October 54 
1, 2021): 55 
(a) As used in this section and sections 10-91h to 10-91l, inclusive, 56 
"private provider of special education services" means any private 57 
school or private agency or institution, including a group home, that 58 
receives, directly or indirectly, any state or local funds as a result of 59 
providing special education services to any student with an 60 
individualized education program or for whom an individual services 61 
plan has been written by the local or regional board of education 62 
responsible for educating such student. 63 
Sec. 6. Section 31-426 of the general statutes is repealed and the 64 
following is substituted in lieu thereof (Effective October 1, 2021): 65 
(a) The Connecticut Retirement Security Authority shall keep an 66 
accurate account of all its activities, receipts and expenditures and shall 67 
submit, in accordance with the provisions of section 11-4a, a report 68 
detailing such activities, receipts and expenditures to the Connecticut 69 
Retirement Security Authority board of directors, the Governor, the 70 
Office of Auditors of Public Accounts and the joint standing committees 71 
of the General Assembly having cognizance of matters relating to labor 72 
and finance, revenue and bonding on or before December thirty-first 73 
annually. Such report shall be in a form prescribed by the board and 74 
shall include projected activities of the authority for the next fiscal year. 75 
[and shall be subject to approval by the Auditors of Public Accounts.] 76 
(b) The Auditors of Public Accounts may conduct a full audit of the 77 
books and accounts of the authority pertaining to such activities, 78 
receipts and expenditures, personnel, services or facilities, in accordance 79  Raised Bill No.  1071 
 
 
 
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with the provisions of chapter 12 and section 2-90, as amended by this 80 
act. For the purposes of such audit, the Auditors of Public Accounts shall 81 
have access to the properties and records of the authority. [, and may 82 
prescribe methods of accounting and the rendering of periodical reports 83 
in relation to projects undertaken by the authority.] 84 
(c) The authority shall enter into memoranda of understanding with 85 
the State Comptroller pursuant to which the authority shall provide, in 86 
such form and manner as prescribed by the State Comptroller, 87 
information that may include, but need not be limited to, the current 88 
revenues and expenses of the authority, the sources or recipients of such 89 
revenues or expenses, the date such revenues or expenses were received 90 
or dispersed and the amount and the category of such revenues or 91 
expenses. The State Comptroller shall also enter into such memoranda 92 
of understanding.  93 
Sec. 7. Subsection (e) of section 4b-21 of the general statutes is 94 
repealed and the following is substituted in lieu thereof (Effective July 1, 95 
2021): 96 
(e) After receiving notification from the secretary that such land, 97 
improvement or interest may be treated as surplus, the Commissioner 98 
of Administrative Services shall offer to convey such land, improvement 99 
or interest to the municipality in which the land, improvement or 100 
interest is located, including, but not limited to, by selling, leasing, 101 
exchanging or entering into agreements concerning such land, 102 
improvement or interest, provided (1) prior to such conveyance, the 103 
municipality by vote of its legislative body accepts such conveyance, 104 
and (2) a resolution of such municipal action, verified by the clerk of the 105 
municipality, is delivered to the Commissioner of Administrative 106 
Services not more than [one hundred twenty] sixty days after receiving 107 
notice from the commissioner regarding the proposed conveyance. If 108 
the municipality fails to deliver such resolution to the commissioner 109 
within such [one-hundred-twenty-day] sixty-day period, the 110 
municipality shall be deemed to have declined the proposed 111 
conveyance, provided the commissioner may extend the [one-hundred-112  Raised Bill No.  1071 
 
 
 
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twenty-day period] sixty-day deadline by not more than an additional 113 
[sixty] thirty days. The municipality shall waive all rights to purchase 114 
the land, improvement, interest or part thereof if the municipality 115 
declines or is deemed to have declined the conveyance of such land, 116 
improvement, interest or part thereof. 117 
Sec. 8. Section 8-260 of the general statutes is repealed and the 118 
following is substituted in lieu thereof (Effective October 1, 2021): 119 
Within the first ninety days of each calendar year, the authority shall 120 
report on its operations for the preceding calendar year to the Governor. 121 
The authority shall make a report to the General Assembly on or before 122 
March fifteenth in each year that the General Assembly meets in general 123 
session. The report shall include a summary of the activities of the 124 
authority, a complete operating and financial statement and 125 
recommendations for legislation to promote the purposes of the 126 
authority. The accounts of the authority shall be subject to [annual] 127 
biennial audits by the State Auditors of Public Accounts.  128 
Sec. 9. Section 15-120kk of the general statutes is repealed and the 129 
following is substituted in lieu thereof (Effective October 1, 2021): 130 
On or before December fifteenth each year, the authority shall report, 131 
in accordance with the provisions of section 11-4a, to the Governor and 132 
the joint standing committees of the General Assembly having 133 
cognizance of matters relating to transportation and commerce. Such 134 
report shall include a summary of the activities of the authority, a 135 
complete operating and financial statement and recommendations for 136 
legislation to promote the purposes of the authority. The accounts of the 137 
authority shall be subject to [annual] biennial audits by the state 138 
Auditors of Public Accounts.  139 
Sec. 10. Section 32-42 of the general statutes is repealed and the 140 
following is substituted in lieu thereof (Effective October 1, 2021): 141 
The corporation shall be subject to examination by the State 142 
Treasurer. The accounts of the corporation shall be subject to [annual] 143  Raised Bill No.  1071 
 
 
 
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biennial audits by the State Auditors of Public Accounts.  144 
Sec. 11. Section 1-86e of the general statutes is repealed and the 145 
following is substituted in lieu thereof (Effective October 1, 2021): 146 
(a) No person hired by the state as a consultant or independent 147 
contractor, and no person employed by such consultant or independent 148 
contractor, shall: 149 
(1) Use the authority provided [to the person] under the contract, or 150 
any confidential information acquired in the performance of the 151 
contract, to obtain financial gain for the [person] consultant or 152 
independent contractor, an employee of the [person] consultant or 153 
independent contractor or a member of the immediate family of any 154 
such [person] consultant, independent contractor or employee; 155 
(2) Accept another state contract which would impair the 156 
independent judgment of the [person] consultant, independent 157 
contractor or employee in the performance of the existing contract; or 158 
(3) Accept anything of value based on an understanding that the 159 
actions of the [person] consultant, independent contractor or employee 160 
on behalf of the state would be influenced. 161 
(b) No person shall give anything of value to a person hired by the 162 
state as a consultant or independent contractor or an employee of a 163 
consultant or independent contractor based on an understanding that 164 
the actions of the consultant, [or] independent contractor or employee 165 
on behalf of the state would be influenced.  166 
Sec. 12. Subsection (a) of section 10-292 of the general statutes is 167 
repealed and the following is substituted in lieu thereof (Effective October 168 
1, 2021): 169 
(a) Upon receipt by the Commissioner of Administrative Services of 170 
the final plans for any phase of a school building project as provided in 171 
section 10-291, said commissioner shall promptly review such plans and 172 
check them to the extent appropriate for the phase of development or 173  Raised Bill No.  1071 
 
 
 
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construction for which final plans have been submitted to determine 174 
whether they conform with the requirements of the Fire Safety Code, 175 
the Department of Public Health, the life-cycle cost analysis approved 176 
by the Commissioner of Administrative Services, the State Building 177 
Code and the state and federal standards for design and construction of 178 
public buildings to meet the needs of persons with disabilities and the 179 
school safety infrastructure criteria, developed by the School Safety 180 
Infrastructure Council, pursuant to section 10-292r, and if acceptable a 181 
final written approval of such phase shall be sent to the town or regional 182 
board of education and the school building committee. No phase of a 183 
school building project, subject to the provisions of subsection (c) or (d) 184 
of this section, shall go out for bidding purposes prior to such written 185 
approval. 186 
Sec. 13. Section 22a-263 of the general statutes is repealed and the 187 
following is substituted in lieu thereof (Effective October 1, 2021): 188 
The directors of the authority shall meet at least monthly at the call 189 
of the chairman and may meet more frequently if necessary and 190 
desirable. It shall maintain at all times minutes of its meetings including 191 
its considerations, deliberations, decisions and resolutions, which 192 
minutes shall be considered public records. It shall maintain all 193 
necessary records and data with respect to its operations and shall 194 
report quarterly to the Governor and annually to the General Assembly, 195 
upon its operations. Such reports shall include but not be limited to a 196 
listing of the number and type of waste management service contracts 197 
entered into with local government units and persons, and the charges 198 
therefor; a listing of the contracts entered into for the services of private 199 
industry in the operation of systems and facilities; a map showing the 200 
location of all facilities owned or leased by the authority; a schedule of 201 
the amounts of waste received and processed in such facilities; a listing 202 
of the outstanding issues of notes and bonds of the authority and the 203 
payment status thereof; a budget showing the administrative expenses 204 
of the authority; a report of revenues of the authority from all sources 205 
and of the redistribution of any surplus revenues. The authority shall be 206 
subject to audit by the state Auditors of Public Accounts in accordance 207  Raised Bill No.  1071 
 
 
 
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with [normal audit practices prescribed for departments, boards, 208 
commissions and other agencies of the state] chapter 12 and section 2-209 
90, as amended by this act.  210 
Sec. 14. Subsection (c) of section 10-357b of the general statutes is 211 
repealed and the following is substituted in lieu thereof (Effective October 212 
1, 2021): 213 
(c) The State Education Resource Center shall be subject to (1) rules, 214 
regulations and restrictions on purchasing, procurement, personal 215 
service agreements and the disposition of assets generally applicable to 216 
Connecticut state agencies, including those contained in titles 4, 4a and 217 
4b and section 4e-19, and (2) audit by the Auditors of Public Accounts 218 
under chapter 12 and section 2-90, as amended by this act.  219 
Sec. 15. Subsection (d) of section 17a-10c of the general statutes is 220 
repealed and the following is substituted in lieu thereof (Effective October 221 
1, 2021): 222 
(d) On and after January 1, 2020, the caseworker of any child placed 223 
in an out-of-home placement by the Commissioner of Children and 224 
Families pursuant to an order of temporary custody or commitment 225 
shall meet in private with the child annually and any time the child is 226 
placed in a new out-of-home placement, provided the child is of an 227 
appropriate age. At such meeting, the caseworker shall, if applicable 228 
and appropriate: (1) Provide the child with a copy of the Sibling Bill of 229 
Rights, (2) review the Sibling Bill of Rights with the child, and (3) explain 230 
to the child that the child may contact the caseworker, the child's 231 
attorney, the Department of Children and Families regional office, the 232 
Office of Community Relations within the Department of Children and 233 
Families [Office of the Ombudsman] or the Office of the Child Advocate 234 
if the child feels that his or her rights under the Sibling Bill of Rights 235 
have been violated, and provide the child with contact information for 236 
such caseworker, such regional office, the Office of Community 237 
Relations within the Department of Children and Families [Office of the 238 
Ombudsman] and the Office of the Child Advocate. The caseworker 239  Raised Bill No.  1071 
 
 
 
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shall certify to the commissioner on a form prescribed by the 240 
commissioner that such caseworker has complied with the provisions of 241 
this subsection. Such form shall include (A) an acknowledgment, for 242 
signature by the child, if appropriate, that such caseworker provided a 243 
copy of the Sibling Bill of Rights to the child and reviewed the Sibling 244 
Bill of Rights with the child, and (B) notice that, if the child refuses to 245 
sign such acknowledgment, such caseworker shall indicate on the form 246 
that the child refused to sign such acknowledgment.  247 
Sec. 16. Subsection (d) of section 17a-10e of the general statutes is 248 
repealed and the following is substituted in lieu thereof (Effective October 249 
1, 2021): 250 
(d) The caseworker of any child placed in an out-of-home placement 251 
by the Commissioner of Children and Families pursuant to an order of 252 
temporary custody or commitment shall meet in private with the child 253 
annually and any time the child is placed in a new out-of-home 254 
placement, provided the child is of an appropriate age. At such meeting, 255 
the caseworker shall: (1) Provide the child with a copy of the Children 256 
in Care Bill of Rights and Expectations, (2) review the Children in Care 257 
Bill of Rights and Expectations with the child, (3) explain to the child 258 
that the child may contact the caseworker, the child's attorney, the 259 
Department of Children and Families regional office, the Office of 260 
Community Relations within the Department of Children and Families 261 
[Office of the Ombudsman] or the Office of the Child Advocate if the 262 
child feels that his or her rights have been violated or expectations have 263 
not been met under the Children in Care Bill of Rights and Expectations, 264 
and provide the child with contact information for such caseworker, 265 
such regional office, the Office of Community Relations within the 266 
Department of Children and Families [Office of the Ombudsman] and 267 
the Office of the Child Advocate, and (4) explain to the child that if the 268 
child is in physical danger or experiences a medical emergency, the child 269 
may dial or send a text message to 9-1-1. The caseworker shall certify to 270 
the commissioner on a form prescribed by the commissioner that such 271 
caseworker has complied with the provisions of this subsection. Such 272 
form shall include (A) an acknowledgment, for signature by the child, if 273  Raised Bill No.  1071 
 
 
 
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appropriate, that such caseworker provided a copy of the Children in 274 
Care Bill of Rights and Expectations to the child and reviewed the 275 
Children in Care Bill of Rights and Expectations with the child, and (B) 276 
notice that, if the child refuses to sign such acknowledgment, such 277 
caseworker shall indicate on the form that the child refused to sign such 278 
acknowledgment.  279 
Sec. 17. Section 2-90b of the general statutes is repealed. (Effective 280 
October 1, 2021) 281 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2021 2-90(g) 
Sec. 2 October 1, 2021 New section 
Sec. 3 October 1, 2021 2-90(c) 
Sec. 4 October 1, 2021 New section 
Sec. 5 October 1, 2021 10-91g(a) 
Sec. 6 October 1, 2021 31-426 
Sec. 7 July 1, 2021 4b-21(e) 
Sec. 8 October 1, 2021 8-260 
Sec. 9 October 1, 2021 15-120kk 
Sec. 10 October 1, 2021 32-42 
Sec. 11 October 1, 2021 1-86e 
Sec. 12 October 1, 2021 10-292(a) 
Sec. 13 October 1, 2021 22a-263 
Sec. 14 October 1, 2021 10-357b(c) 
Sec. 15 October 1, 2021 17a-10c(d) 
Sec. 16 October 1, 2021 17a-10e(d) 
Sec. 17 October 1, 2021 Repealer section 
 
Statement of Purpose:   
To implement the recommendations of the Auditors of Public Accounts 
contained in their 2020 annual report. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]